Anti-Social Anti-Social Behaviour Orders
Anti-Social Behaviour Orders: Guidance on drawing up local ASBO protocols
| This document is published for archival/historical purposes. It will not be updated. |
Please note that this guidance has been superseded by "Guidance on ASBOs and ABCs", published November 2002
Anti-Social Behaviour Orders (ASBOs) were introduced from 1 April 1999. Their purpose is to target activities which disrupt the lives of individuals, families or communities. ASBOs are an important addition to the range of responses available to tackle anti-social behaviour.
They are not intended to replace existing measures in all circumstances. However, whilst ASBOs should be seen within this wider context, there is no requirement to demonstrate that every other remedy has been exhausted before applying for an ASBO. The key is that an ASBO should be used where it is the most appropriate remedy.
466 ASBOs were granted between April 1999 and September 2001 in a variety of circumstances. Where they have been granted, they have been strongly welcomed by the police, local authorities and the communities they are designed to protect.
Although orders had been successfully obtained in some areas during the first 6 months of their being available, it was evident that the guidance issued in March 1999 needed to be followed up by a further initiative from the centre. The Home Secretary appointed Lord Warner to head an action group to consider what needed to be done to spread best practice in the use of ASBOs.
The Action Group concluded that if the ASBO was to play its proper part in reducing crime and disorder, the police and the local authority would need to establish effective working relationships with their partner agencies, and that such arrangements should be set out in the form of a protocol.
Key points
This guidance complements the ASBO Guidance of March 1999 and has been drawn up by the Home Office and the Local Government Association in consultation with the other agencies with a leading interest in ASBOs.
It sets out the areas of policy and practice which all partner agencies should consider including in their own protocols.
It is for each local partnership to determine the detail of their procedures, taking account of local needs.
This guidance does not lay down mandatory rules or seek to provide a binding interpretation on points of law, but sets out suggested procedures which may be followed in dealing with anti-social behaviour in general and in applying for an ASBO in particular.
Getting a copy
The full guidance is available in either HTML or PDF from: http://www.homeoffice.gov.uk/anti-social-behaviour/
More guidance
Examples of those already using ASBOs can be found in the Anti-social behaviour toolkit in the section Who can help and local solutions.
Provisions in the Criminal Justice and Police Act 2001 which give increased protection for witnesses in civil proceedings - details announced in a Home Office circular in August 2001. These new powers should further assist partnerships with their anti-social behaviour strategies.
Last update: Monday, September 01, 2008